Concursul între poprirea asigurătorie înfiinţată în materie civilă sau penală şi poprirea executorie asupra conturilor bancare
The competition between the attachment established in civil or criminal and enforceable attachment of bank accounts.
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: attachement; executory attachment; bank accounts
Summary/Abstract: Executory attachment is a form of indirect enforcement by the creditor who seeks sums of money, securities or other movable intangible owed to the debtor by a third party or to which he/she will be due in the future under existing legal relations. In these circumstances, one of the interesting problems encountered in practice, especially in banking, is knowing how the conflict will be resolved between an attachment and executory attachment covering the same debtor's bank accounts. Solutions should be analyzed differently as attachment is established in accordance with the Code of Civil Procedure or the Code of Criminal Procedure. Furthermore, problems arise in the transformation of an assurance attachment into an executory attachment. Analysis of these issues will highlight the need for legislative changes in this area.
- Issue Year: 2012
- Issue No: 05
- Page Range: 278-279
- Page Count: 10
- Language: Romanian